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WILLMAR ELEC. SERVICE, INC. v. N.L.R.B.

No. 91-1312.

968 F.2d 1327 (1992)

WILLMAR ELECTRIC SERVICE, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood of Electrical Workers, Local 46, and Michael Hendrix, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1992.

Attorney(s) appearing for the Case

Maurice Baskin, for petitioner.

John H. Fawley, Attorney, N.L.R.B., with whom Jerry M. Hunter, Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Peter Winkler, Supervisory Atty., were on the brief, for respondent.

John Burns, for intervenors.

Before: BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

This petition raises the issue of whether the word "employee" in § 2(3) of the National Labor Relations Act (the "NLRA" or the "Act"), 29 U.S.C. § 152(3) (1988), encompasses a job applicant who is employed by a union at the time of application, seeks the job for the purpose of organizing the work force, plans to retain some kind of employment affiliation...

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